Question answer

The Kazakhstan Authors’ Society is a republican public association in terms of its organizational and legal form, and by the nature of its activity, it is an organization for managing the property rights of authors. KazAK was created in 1997 by representatives of the creative intelligentsia of Kazakhstan to manage their property copyrights and protect these rights. The functions of KazAK, as an organization for managing the property rights of authors, are prescribed in the Law of the Republic of Kazakhstan On Copyright and Related Rights — issuing permits to users of copyright objects to use works, collecting, distributing and paying royalties, taking all necessary legal actions to protect property rights authors. According to the provisions of the current copyright legislation, only a public organization has the right to manage the property rights of authors, i.e. organization of the authors themselves. This is because copyright is the private right of authors.

Currently, KazAK, on the basis of concluded written agreements, represents on the territory of the Republic of Kazakhstan the interests of more than 2,500 Kazakh authors, as well as foreign authors who are members of foreign copyright societies from 138 countries, including such as the USA, Russia, England, France, Japan, Spain, Italy, etc. In addition, KazAK, as an organization for the collective management of property rights, on the basis of Art. 44 of the Law of the Republic of Kazakhstan On Copyright and Related Rights has the right to issue permissions for the use of works of all available authors, i.e. for the entire world repertoire, until any author withdraws his works from the licenses of KazAK and prohibits the issuance of permits for the use of his works. However, at the moment, not a single Kazakh or foreign author has applied to KazAK with a request not to issue permits for the use of his works. Therefore, by concluding a license agreement with KazAK, you can use any works. The conclusion of a license agreement with KazAK and the proper fulfillment of its terms is the basis for the legal use of the authors’ works through public performance and the basis for not holding the user liable for the illegal use of copyright objects through public performance.

To conclude a license agreement, the user must send a letter by mail or fax to the Chairman of KazAC with a request to conclude a license agreement indicating the address and type of activity of the object where the works of the authors are used. Copies of the following documents must be attached to the application:

for legal entities:

  • certificates of state registration of
  • legal faces
  • copy of stat. cards
  • copy of the charter
  • copy of RNN
  • a copy of the title document for the building of a cafe, restaurant, etc. or lease agreement.
  • a copy of the power of attorney, if the contract is signed by an authorized person and a copy of the identity card of the authorized person

for individual entrepreneurs:

  • certificates of state IP registration
  • copy of ID card
  • copy of RNN
  • a copy of the title document for the building of a cafe, restaurant, etc. or lease agreement
  • a copy of the power of attorney, if the contract is signed by an authorized person and a copy of the identity card of the authorized person

Upon receipt of these documents, KazAK sends the user two copies of the license agreement for signing.

According to the agreement, the user (the owner of a cafe, restaurant, etc.) has two main obligations — 1) to pay the author’s fee and 2) to provide documentation about the works used.

The author’s remuneration for the use of works through public performance should be paid regardless of whether the user receives or does not receive income from the use of works, or on the method of use — the use of works in live performance or with the help of technical means (radio, music centers, televisions, etc.).

paragraph 3 of Art. 16 of the Law of the Republic of Kazakhstan On Copyright and Related Rights states that if copies of a lawfully published work are put into civil circulation through their sale, then their further distribution is allowed without the consent of the author and without payment of remuneration. According to Art. 16 of the Law, distribution is the sale, rental (rental) of the original or copies of a work. In accordance with Art. 2 of the Law, a copy of a work is a copy of a work made in any material form. From the foregoing, it follows that if the user has bought a legal copy of the work (for example, a book, an audio cassette with a recording of the work), then he can, without obtaining the consent of the author and without paying royalties, further sell, donate, i.e. use by distribution the material carrier of the work (book, audio cassette) belonging to you on the right of ownership.

However, in cafes, works are used through public performance, and not through distribution, therefore, the specified norm of the Law cannot be the basis for exemption from payment of royalties for the use of works through public performance in a cafe.

In addition, according to paragraph 5 of Art. 6 of the Law, copyright is not related to the ownership of the material medium in which the work is expressed. If the user has bought a material carrier with a recording of a work (audio cassette, disk), this does not mean that he has received the right to commercial use of the works recorded on this material carrier. Copyrights to works, including the right to receive royalties for each type of use of a work, always remain with the author.

Therefore, the User, in order to legally use a work recorded on a tangible medium (audio cassette, disk) through public performance, must obtain permission from the author or an organization managing the property rights of authors on a collective basis by concluding an author’s or license agreement and pay the appropriate royalties for using the work through public performance. .

Yes, posted. As you know, KazAK’s repertoire consists of 2 sections:

  1. works of domestic authors;
  2. works of foreign authors.

The domestic repertoire can be found in the «AUTHOR» section of the website. There are two registers in the «REPERTOIRE» subsection:

Register of Kazakh copyright holders and repertoires: playwrights, authors of music, texts, choreographers, artists, poets, humorists and satirists. About 2,500 authors are members of KazAK, and there are about 45,000 of their works in the database, all of them are reflected in this database.
The list of foreign copyright holders and repertoires indicated here contains links to the repertoires of foreign societies, such as the Russian RAO, the United States ASKAP, BMI, the German GEMA, the Spanish SGAE and others. Since their repertoire is often used in our country and users are often interested in their authors, we decided to display them in the «REPERTOIRE» subsection to make it easier for users to search.

But the foreign repertoire of KazAK, as you know, is not limited to those indicated. To get acquainted with the repertoire of other countries, you need to open the «International Relations» section and click on the desired country (society) whose repertoire you are interested in (for example, JASRAC, Japan), in the subsections «Agreements with CIS Societies», «Agreements with Far Abroad Societies» , and a direct link will help you find the information you need.

If you are interested in musical works written for audiovisual works, then you can get acquainted with them in the ISAN and IDA database. They are visible on every page of the site.

About 2.5 million authors are registered in our electronic database, the so-called World List of Authors (IPI), and about 15 million objects in the World List of Works (WID). But they, as well as CIS-Net, posted on the 1st page, are a CISAC database and are available only to KazAK with a special password.

As you know, copyright is a private right, so the society is created directly by the authors themselves and works on the basis of the authority granted by the author under the contract. And the rights of foreign authors are protected on the basis of a bilateral agreement with similar societies on the mutual representation of the interests of their members (clause 4, Article 43 of the Law). And accreditation gives the society the right to collect remuneration to those authors who have not signed an agreement with the society, but until the author excludes his works from permission. For example, more than 2,500 authors are members of KazAK, but there are still young authors (say 10-15 authors or more) who have not had time to sign an agreement with the society: either they do not know about their right, or they live somewhere in the region and cannot contact etc. In the case of accreditation, the fee for them is not a violation. But if a new society is created, the membership of which is only 10-15 authors, of course, it does not have the right to claim the collection on behalf of all the authors of Kazakhstan who are members of KazAK. Here accreditation will not help.

The same can be said about foreign authors. According to bilateral agreements with foreign copyright societies, KazAK represents the interests of authors from 138 countries of the world. If in our country the works of any authors who are not the authors of these countries are used, then, of course, they must also be protected. Usually, having found such authors in a worldwide database, we correspond with the relevant society and sign an agreement. The contract is obligatory in order to pay the due amount of remuneration to the author. If you don’t have a contract, you can’t pay. If there is an agreement, you have the right to collect and without accreditation, you can also make a payment. Hence, the prerogative has a bilateral agreement.

No, not everyone pays. Usually in practice it happens like this: if there are several societies in the same area in the country, then they, as a rule, sign an agreement among themselves and transfer the right to collect to one of them. Then the collected amount is distributed among them according to the report program presented by the users, taking into account the used objects of rights.